GULAB KHAN Vs. STATE OF M P

JUDGEMENT

(1.) IT is submitted by petitioner that identical matter was decided by a Division Bench of this Court in M/s Zunaid Enterprises & others Vs. State of M.P. & others in W.P.No.16775/2007 on 15.7.2010 and the writ petition was dismissed, after considering the judgment of Apex Court in State of Orissa and another Vs. K.B.Saha and sons Industries Pvt. Ltd., and others [(2007) 7 VST 214 (SC)]. Against the said order, petitioner and others have filed Special Leave Petition before the Apex Court, which has been registered as S.L.P.(Civil) No.25637/2010, in which the Apex Court has issued notice to the other side on 20.9.2010 and interim order has been passed. IT is submitted that this petition may be entertained and interim order may be passed in the matter.

(2.) SHRI Samdarshi Tiwari, learned G.A., appearing for State opposed the aforesaid contention and submitted that the entire controversy is covered by a Division Bench judgment of this Court in M/s Zunaid Enterprises (supra), so this petition may not be entertained.

(3.) TWO extra copies of the petition may be served to the State by the petitioner within 3 working days, against acknowledgment. C.C., as per rules.